The Scottish Government remains open to working with Westminster on the future of gender reforms, but has “no intention” of reintroducing its previously blocked legislation at Holyrood, Finance Secretary Shona Robison has said.
Speaking to the PA news agency following a landmark UK Supreme Court judgment this week, Ms Robison reiterated that while simplification of the gender recognition process remains a key goal, any changes are now expected to come from the UK Government rather than the Scottish Parliament.
Her comments follow Wednesday’s unanimous ruling by Britain’s highest court that the terms “woman” and “sex” in the Equality Act 2010 refer exclusively to biological sex. The decision, prompted by a legal challenge from campaign group For Women Scotland, is expected to have significant consequences for the interpretation of the law — particularly in relation to single-sex spaces.
Ms Robison acknowledged the clarity the court’s decision provides, stating:
“We accept the judgment of the Supreme Court and welcome the clarity it brings. This helps public bodies understand how the law is to be applied, particularly in complex areas around single-sex spaces.”
The Gender Recognition Reform (Scotland) Bill, passed by a majority in the Scottish Parliament in 2022, aimed to streamline the process by which transgender individuals can legally change their gender. It proposed removing the need for a medical diagnosis of gender dysphoria and lowering the minimum age to apply for a Gender Recognition Certificate (GRC).
However, the bill was blocked in 2023 by the then Conservative UK Government through a Section 35 order — a rare legal mechanism which prevents Holyrood legislation from becoming law if it is seen to adversely affect UK-wide legislation.
When asked whether the Scottish Government would now revisit or revise the Gender Recognition Reform Bill, Ms Robison made clear there were no plans to do so.
“The GRR Bill was about simplifying the process of acquiring a gender recognition certificate. The Supreme Court’s ruling, by contrast, deals with the effect such a certificate has under the law — particularly in relation to the Equality Act,” she explained.
She added that focus should now shift towards updated guidance from the Equality and Human Rights Commission (EHRC), which will need to reflect the Supreme Court’s interpretation.
“Revised guidance from the EHRC will be critical. Public bodies will need to follow it closely, and we hope that work will be carried out swiftly and in consultation with trans communities, who may need reassurance following this judgment.”
Ms Robison also signalled the Scottish Government’s willingness to collaborate with the new Labour administration at Westminster, which has pledged to review and update the Gender Recognition Act 2004.
“We’re keen to work with the UK Government on these reforms. They have indicated an appetite to modernise the 2004 legislation, and we are open to supporting a simplified and compassionate process,” she said.
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The Finance Secretary emphasised that any further action on gender recognition should be rooted in cooperation between governments and key equality bodies.
“The priority now should be on working with the EHRC and the UK Government to develop new guidance at pace. That guidance must be inclusive, robust, and considerate of the diverse communities it affects — especially the trans community.”
With the legal position on sex and gender now clarified by the UK’s top court, attention will turn to how the EHRC and government departments across the UK respond — and whether a fresh path to reform can be forged through consensus, rather than constitutional confrontation.
As the political debate continues, both campaigners and critics will be watching closely to see how collaborative efforts between Edinburgh and Westminster unfold in the months ahead.
